British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   spouse visa (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/spouse-visa-346334/)

Mr Pants Jan 5th 2006 3:57 pm

spouse visa
 
My girlfriend has just been granted her PR visa 136 skilled independent. We're going out to activate it in 2 weeks time. Her aim is to go out to live in about 3 years so she gets her 2 years in for citizenship before the 5 years expires. In the interim we will continue to live in the UK.

Can I apply for a defacto spouse visa whilst she is living in the UK or do we have to wait until she is resident in Aus? It isn't clear to me but nothing ever is...!

Thanks for all help.

George Lombard Jan 5th 2006 7:52 pm

Re: spouse visa
 

Originally Posted by Mr Pants
My girlfriend has just been granted her PR visa 136 skilled independent. We're going out to activate it in 2 weeks time. Her aim is to go out to live in about 3 years so she gets her 2 years in for citizenship before the 5 years expires. In the interim we will continue to live in the UK.

Can I apply for a defacto spouse visa whilst she is living in the UK or do we have to wait until she is resident in Aus? It isn't clear to me but nothing ever is...!

Thanks for all help.

Hi Mr P,

If you do a search on Welshtony's posts you'll find he suggested to someone in about October that they could lodge an application while the PR holder is living in the UK - unfortunately if that's the practice in London it's a local thing since at about the same time we were approached by some very sad South Americans who were being threatened with refusal because the PR holder wasn't "resident" in Australia so what I'd suggest is that you either contact a currently registered migration agent or Australia House to confirm. I doubt that DIMIA could justify London and Santiago applying different rules and as the law is clear I think London's reported approach can't be expected to apply for ever, so you'd want to jump in and take advantage of it if possible.

Cheers,

George Lombard

www.austimmigration.com.au

Mr Pants Jan 5th 2006 10:29 pm

Re: spouse visa
 
Thanks George

a phone call awaits in the morning!.


Originally Posted by George Lombard
Hi Mr P,

If you do a search on Welshtony's posts you'll find he suggested to someone in about October that they could lodge an application while the PR holder is living in the UK - unfortunately if that's the practice in London it's a local thing since at about the same time we were approached by some very sad South Americans who were being threatened with refusal because the PR holder wasn't "resident" in Australia so what I'd suggest is that you either contact a currently registered migration agent or Australia House to confirm. I doubt that DIMIA could justify London and Santiago applying different rules and as the law is clear I think London's reported approach can't be expected to apply for ever, so you'd want to jump in and take advantage of it if possible.

Cheers,

George Lombard

www.austimmigration.com.au


JAJ Jan 5th 2006 11:08 pm

Re: spouse visa
 

Originally Posted by Mr Pants
My girlfriend has just been granted her PR visa 136 skilled independent.

Are you living together at this stage?




Jeremy

Mr Pants Jan 6th 2006 8:18 am

Re: spouse visa
 
Jeremy, yes we are, but not yet for a year. I know I have to wait a year.

George, I spoke to the Aus High Comm this morning and they confirmed that it can be done with my GF still resident in the UK once we have lived together for a year and the visa has been validated.


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